Minnesota Appellate Opinions

Published opinions of the Minnesota Supreme Court and Court of Appeals, collated from public records. 875 opinions matched; showing 551–600.

Filtering by: “habeas corpus” Full archive · 1930–present Limit to last 10 years Clear ×
Docket Court Filed Disposition Case
37,711 Minn. 1959-05-22 Remanded State Ex Rel. Shelby v. Rigg
… itted. Relator petitioned the district court of Washington County for a writ of habeas corpus and a writ was issued pursuant thereto. No traverse was made to respondent’s return and as a result the truth of the allegations of the return sta …
37,580 Minn. 1959-05-08 Denied State Ex Rel. Redenbaugh v. Rigg
… risonment in the Minnesota State Prison. In his original petition for a writ of habeas corpus, respondent alleged that he was unlawfully held in appellant’s custody in that (1) the District Court of Hennepin County, before which he entered …
37,657 Minn. 1959-04-17 Granted State Ex Rel. Thomas v. Rigg
… Nelson, Justice. Relator petitioned for a writ of habeas corpus, which was granted. His petition is unnecessarily long, consisting of 22 pages, and states much that is immaterial. The relator was arrested in Morgan, Minnesota, on July 26, 1 …
No. 37,656 Minn. 1959-04-10 Dismissed State ex rel. Sanford v. Rigg
… from an order of the District Court of Washington County discharging a writ of habeas corpus. Respondent moves to dismiss the appeal on the ground that (1) the petition upon its face furnishes no valid basis for a writ; and (2) the record …
37,727 Minn. 1959-04-03 Reinstated In Re Petition of Hohmann
… Minn. 165 (1959) 95 N.W. (2d) 643 IN RE PETITION OF LEONARD HOHMANN FOR WRIT OF HABEAS CORPUS. LEONARD HOHMANN v. HERBERT WALCH. No. 37,727. Supreme Court of Minnesota. April 3, 1959. *166 Sawyer, Sawyer & Darby, for appellant. Streater …
No. 37,727 Minn. 1959-04-03 Reinstated Hohmann v. Walch
… Matson, Justice. Pursuant to a writ of habeas corpus issued upon the relation of the surviving parent, Leonard Hohmann, the district court ordered judgment awarding relator the custody of his two children, Daniel Hohmann, aged 15, and Judit …
37,586 Minn. 1959-01-09 Remanded State Ex Rel. Adams v. Jackson
… l and volition. He continues to appear on his own behalf in this proceeding for habeas corpus. We may infer, although relator does not so state directly, that he is serving his sentence in the State Reformatory for Men at St. Cloud, Minneso …
37,519 Minn. 1958-11-28 Denied State Ex Rel. Welper v. Rigg
… appeals from an order of the district court denying his petition for a writ of habeas corpus. The sole function of the writ as a post-conviction remedy is to *12 ascertain whether the court had jurisdiction over the crime and over defendan …
37,679 Minn. 1958-10-17 Denied State Ex Rel. Hussman v. Hursh
… Per Curiam. This is an appeal under M. S. A. 589.29 from a final order in habeas corpus proceedings in the District Court of Stearns County. 1 The district court proceedings were based upon the claim of relator, Henry Hussman, that he is un …
37,672 Minn. 1958-09-16 Denied State v. Pett
… application, we think that the proper procedure is to apply here for a writ of habeas corpus. Petition denied. 1 See, 6 Wd. & Phr. (Perm, ed.) p. 83, and pocket part. 2 For a discussion of the probable origin of the language used in U. …
Nos. 37,388, 37,405 Minn. 1958-08-08 Dismissed Hennepin County Welfare Board v. Booth
… rom an order of the district court dated August 21, 1957, discharging a writ of habeas corpus. It is to be noted that an appeal from the said temporary custody order of the juvenile court was subsequently dismissed by order of the Chief Jus …
37,388, 37,405 Minn. 1958-08-08 Dismissed In Re Booth
… rom an order of the district court dated August 21, 1957, discharging a writ of habeas corpus. It is to be noted that an appeal from the said temporary custody order of the juvenile court was subsequently dismissed by order of the Chief Jus …
37,409 Minn. 1958-06-06 Affirmed State Ex Rel. Stout v. Rigg
… or petitioned the District Court of Washington County June 1, 1957, for writ of habeas corpus, alleging that he was unlawfully confined in the state prison at Stillwater, of which respondent is warden. On June 13, 1957, that court made its …
37,493 Minn. 1958-05-16 Affirmed State Ex Rel. Pett v. Jackson
… er, Justice. Upon the petition of respondent, Robert Farrington Pett, a writ of habeas corpus was issued by the District Court of Sherburne County on December 13, 1957. In response thereto on December 27, 1957, Carl J. Jackson, superintende …
37,496 Minn. 1958-04-25 Granted State Ex Rel. Adams v. Rigg
… peal from an order of the *285 district court denying Ms petition for a writ of habeas corpus. If the allegations of plaintiff’s petition for a writ of habeas corpus, when admitted to be true after construing them liberally in favor of the …
37,451 Minn. 1958-04-18 Denied State Ex Rel. Dressler v. Rigg
… s appeal from an order of the district court denying his petition for a writ of habeas corpus, respondent moves for an order dismissing the petition upon the grounds that such petition is wholly lacking in merit and alleges no facts upon wh …
37,196 Minn. 1958-01-31 Denied State v. Pederson
… that the bail as fixed was too high and in November 1942 applied for a writ of habeas corpus. Upon hearing in district court it was held that he had been regularly committed and his application for reduction of bail was denied. On November …
37,173 Minn. 1957-12-27 Granted State Ex Rel. Cobb v. Rigg
… r of the District Court of Washington County denying his petition for a writ of habeas corpus. On October 14, 1952, a jury found petitioner guilty of the crime of assault in the second degree. After a presentence examination of petitioner b …
37,402 Minn. 1957-12-06 Granted State Ex Rel. Pontius v. Rigg
… der of the District Court of Washington County denying a petition for a writ of habeas corpus. Respondent moves to dismiss the appeal for the reason that the petition fails to state any ground upon which it could be granted. The petition st …
37,172 Minn. 1957-11-29 Reversed State Ex Rel. Dehning v. Rigg
… *121 Frank T. Gallagher, Justice. Appeal from an order discharging a writ of habeas corpus. It appears from the record that Edward Dehning was arrested in Arizona prior to August 24, 1955, on a charge of willfully, unlawfully, wrongfully, a …
37,283 Minn. 1957-08-02 Granted State Ex Rel. Savage v. Rigg
… r of the District Court of Washington County denying his petition for a writ of habeas corpus. Respondent moves to dismiss the petition. Originally, petitioner was arraigned on an information dated November 10, 1952, filed by the county att …
37,243 Minn. 1957-08-02 Stayed State Ex Rel. Naus v. Rigg
… smiss relator’s appeal from an order denying him relief on petition for writ of habeas corpus. Relator, Richard Naus, pleaded guilty to an information charging burglary in the third degree on March 15, 1954. On April 15, 1954, he was duly s …
36,928 Minn. 1957-03-15 Remanded State Ex Rel. Knutson v. Jackson
… gher, Justice. Appeal from an order of the district court discharging a writ of habeas corpus and from a judgment entered pursuant to such order. This case arises out of the imprisonment of the appellant, Lloyd Láveme Knutson, after he had …
36,723 Minn. 1957-02-21 Denied State Ex Rel. Jaroszewski v. Prestidge
… Frank T. Gallagher, Judge. Appeal from an order of the district court in habeas corpus proceedings instituted in the District Court of Hennepin County by respondent Nadine Jaroszewski to obtain custody of her 11-year-old son living with app …
36,970 Minn. 1956-07-13 Dismissed State Ex Rel. Farrington v. Rigg
… f the District Court of Washington County denying his application for a writ of habeas corpus. *50 The State of Minnesota moves for a dismissal of the appeal upon the ground that the notice of appeal was not served upon the attorney general …
36,801 Minn. 1956-04-13 Dismissed State Ex Rel. Koalska v. Rigg
… from an order of the District Court for Washington County discharging a writ of habeas corpus on the ground that relator has been placed on parole and is not in the custody of the respondent. On January 16, 1956, while this appeal was pendi …
36,852 Minn. 1956-04-06 Denied State Ex Rel. Alexander v. Rigg
… allaghee, Justice. Application to this court by Thomas H. Alexander for writ of habeas corpus. Writ denied. *111 Thomas H. Alexander petitions this court for a writ of habeas corpus on the grounds that he has been denied rights under U. S. …
36,720, 36,722 Minn. 1956-03-29 Granted Jenswold v. St. Louis County Welfare Board
… in said Petition” as referred to in the challenged order above set forth was a habeas corpus proceeding instituted in the District Court of St. Louis County by Claryce Elaine Nelson, wherein she sought to regain custody of her infant child …
36,690 Minn. 1956-03-16 Reversed State Ex Rel. Nelson v. Whaley
… Murphy, Justice. This is a habeas corpus proceeding for the custody of an infant. The relator is Claryce Elaine Nelson, an unmarried mother, and the respondents are Byron C. Whaley and his wife, Simone, residents of Duluth, Minnesota, who n …
No. 36,686 Minn. 1956-01-27 Denied State ex rel. Gyarmati v. Rydeen
… court for Washington County denying his petition for the issuance of a writ of habeas corpus. Eelator, while under valid arrest, was indicted by the grand jury in Eamsey County for the crime of murder in the first degree on October 23,1913 …
36,665 Minn. 1955-07-08 Affirmed State Ex Rel. Guren v. Grimes
… tson, Justice. Appeal from an order of the district court discharging a writ of habeas corpus. The facts are not in dispute. Relator was convicted, on his plea of guilty, of the crime of assault with intent to commit rape and was sentenced …
36,546 Minn. 1955-06-17 Granted State Ex Rel. Horowitz v. Jones
… . Appeal from an order of the district court quashing and discharging a writ of habeas corpus. *126 This case involves an extradition proceeding against relator, Samuel Horowitz. Eelator testified that in the past he had been an organizer f …
36,555 Minn. 1955-01-07 Granted State v. Kubus
… resented to the district court of Washington county on a petition for a writ of habeas corpus. On appeal here we held that under our statute of limitations the state was under no obligation to extradite petitioner within the three-year limi …
36,455 Minn. 1954-10-01 Denied State Ex Rel. Koalska v. Swenson
… ioned the district court for Washington county on April 14, 1954, for a writ of habeas corpus. *48 It was denied by order of the court June 2, 1954. The relator then moved for a rehearing of his petition June 10, 1954. The motion for a rehe …
36,456 Minn. 1954-09-17 Denied State Ex Rel. Richter v. Swenson
… t court of Washington county denying his petition for the issuance of a writ of habeas corpus, respondents move for a dismissal of the appeal. Eelator was charged by information with having committed the crime of grand larceny in the first …
36,451 Minn. 1954-08-06 Denied State Ex Rel. Butler v. Swenson
… t court of Washington county denying his petition for the issuance of a writ of habeas corpus, respondent moves for a dismissal of the appeal. On December 7, 1918, relator was arraigned in district court of Aitkin county upon an information …
36,441 Minn. 1954-08-06 Denied State Ex Rel. Veblen v. Swenson
… rder of the Washington county district court denying his petition for a writ of habeas corpus. He also applies for an original writ of habeas corpus in this court. Respondent moves to dismiss the appeal and the petition. The petition allege …
36,413 Minn. 1954-07-30 Denied State Ex Rel. May v. Swenson
… or appeals from a district court order (1) granting a motion to quash a writ of habeas corpus issued in his behalf and (2) remanding him to the custody of the respondent. In 1986, relator was arrested for the murder of his wife. Within a fe …
36,423 Minn. 1954-06-25 Dismissed Kubus v. Swenson
… r of the district court of Washington county denying his petition for a writ of habeas corpus. He contends that the following facts justify an issuance of the writ: On September 20, 1945, a complaint was filed charging petitioner with a vio …
36,287, 36,288 Minn. 1954-05-21 Granted Jones v. Jones
… 953, defendant, through his new attorney, petitioned Judge Hadler for a writ of habeas corpus upon the ground that he was illegally and unlawfully detained under the order of February 2. An order for a writ of habeas corpus was issued by th …
36,216 Minn. 1954-04-09 Denied Wojahn v. Faul
… wer (Wojahn v. Faul, 235 Minn. 397 , 51 N. W. [2d] 97) ; and on application for habeas corpus in litigation arising out of the transaction tried in the district court of Cottonwood county (Wojahn v. Halter, 229 Minn. 374 , 39 N. W. *35 [2d] …
36,362 Minn. 1954-03-12 Denied State Ex Rel. Richter v. Swenson
… court of Washington county, in the nineteenth judicial district, for a writ of habeas corpus on the ground that he was unlawfully imprisoned in the state penitentiary at Stillwater. The petition was denied on September 8, 1953. Thereafter, …
No. 36,305 Minn. 1954-02-26 Vacated Dixon v. Swenson
… trict court of Washington county, Minnesota, denying his petition for a writ of habeas corpus. *333 Respondent moves to dismiss the appeal upon the following grounds: (1) The petition fails to comply with M. S. A. 589.04(4), which requires …
36,268 Minn. 1954-02-19 Remanded State Ex Rel. Koalska v. Swenson
… from an order of the district court for Washington county discharging a writ of habeas corpus on the ground that relator’s petition does not present a case entitling petitioner to the issuance of a writ of habeas corpus. On June 4, 1951, re …
36,224 Minn. 1954-02-11 Denied Breeding v. Swenson
… 953, appellant applied to the district court of Washington county for a writ of habeas corpus on the ground that he is being illegally detained in the state penitentiary in violation of his constitutional rights. It is his contention that h …
No. 36,160 Minn. 1953-10-30 Denied Seeker v. Swenson
… circumstances as would justify original application to this court for a writ of habeas corpus. Willis v. Utecht, 231 Minn. 568 , 42 N. W. (2d) 818 ; Wojahn v. Halter, 229 Minn. 374 , 39 N. W. (2d) 545 ; State ex rel. Murphy v. Wolfer, 127 M …
No. 35,737 Minn. 1953-06-19 Granted In re Shetsky
… ed in the state prison at Stillwater until 1949 when this court determined in a habeas corpus proceeding that sentencing him in absentia denied him the protection of due process of law; accordingly, it was ordered that he be returned to Hen …
36,024 Minn. 1953-04-10 Stayed Breeding v. Utecht
… a proposed amendment filed in this court to relator’s application for a writ of habeas corpus originally filed in the district court of Washington county and respondent makes a motion here' to strike the proposed amendment from the files in …
No. 35,839 Minn. 1952-06-13 Reversed State ex rel. Schroeder v. Boehland
… from an order of the district court for Blue Earth county quashing its writ of habeas corpus, issued to obtain custody of relator’s four-and-one-half-year-old daughter, Christine Louise Schroeder, detained by her maternal grandfather, Arth …
35,663 Minn. 1952-02-08 Granted Washburn v. Utecht
… Per Curiam. This is a petition for a writ of habeas corpus. The issue raised by the petition is whether petitioner was entitled to notice or hearing on the question whether the conditions of his commutation of sentence had been breached. In …